Swing-State Supreme Court Reinstates 6-Week Abortion Ban After Lower Court Ruled It Unconstitutional

The Georgia Supreme Court reinstated the state’s six-week abortion ban Monday after a lower court deemed the law unconstitutional.

Fulton County Superior Court Judge Robert McBurney ruled in a Sept. 30 ruling that the six-week ban violated the state Constitution, arguing its protection of liberty allows women to obtain an abortion up to the point of viability. The state Supreme Court’s new ruling, which will take place at 5:00 p.m. EDT Monday, implemented an indefinite stay while the state reviews an appeal of the lower court’s ruling, according to the ruling.

“The State of Georgia’s Emergency Petition for Supersedeas seeking a stay of the order of the Superior Court of Fulton County in the above-styled action is hereby GRANTED with respect to OCGA § 16-12-141, except as to OCGA § 16-12-141 (f),” the ruling reads. “The State of Georgia’s Emergency Petition for Supersedeas seeking a stay of the order of the Superior Court of Fulton County in the above-styled action is hereby GRANTED with respect to OCGA § 31-9B-3 (a). To the extent the State also seeks an ‘administrative stay,’ that motion is dismissed as moot.”

Justice John J. Ellington wrote in his dissenting opinion that the state failed to provide a reason for issuing an immediate stay on the lower court’s decision, according to the ruling.

The previous reversal of the six-week ban allowed abortion up to about 20 weeks of pregnancy, NBC News reported. Georgia Attorney General Chris Carr announced an immediate appeal of the lower court’s ruling to the state Supreme Court in an attempt to place a stay on the matter.